On today's BradCast: Donald Trump and his Great American Shitshow continues today, though he has now received a very helpful hand from Congressional Democrats, for reasons that may beggar the imagination. [Audio link to show is posted below.]

First up today, a quick word on the allegations regarding $130k in hush money said, by the Wall Street Journal, to have been paid by Donald Trump to a porn star just before the 2016 election, reportedly to hide a sexual liaison during his marriage with the now-First Lady, and on the sordid sex and blackmail scandal now roiling Missouri's new "family values" Republican governor, Eric Greitens. In normal times, of course, both stories would be huge news everywhere and we'd be discussing impeachment and/or resignation of both men. These days, however, each scandal is barely breaking the national news radar.

Then, more encouraging election news for Democrats this week in Tuesday's special elections around the country, with Dems flipping another long-held Republican seat in a deeply "red' area, this time in the Wisconsin State Senate. The results seem to be freaking out the state's controversial GOP Governor Scott Walker in advance of his own re-election contest later this year and signals a possible Dem takeover of the state Senate in advance of 2020 redistricting!

Next, Congress is on the verge of reauthorizing a warrantless mass surveillance program that civil libertarians on the right and left have long opposed and characterize as a blatant violation of the U.S. Constitution's 4th Amendment privacy protections against unwarranted search and seizure. Last week, after Trump made it clear he had no idea what Section 702 of the FISA Amendments Act actually was --- despite his administrations' long time lobbying of Congress to reauthorize and, indeed, expand it, it for another 6 years --- Republicans in the U.S. House passed it with the help of several Democrats (including House Minority Leader Nancy Pelosi).

This week in the U.S. Senate, a bi-partisan group lead by Senators Rand Paul (R-KY) and Ron Wyden (D-OR) fell one vote shy of blocking the measure through a filibuster. So it now appears the legislation will clear both houses and sent to Trump for his signature.

We're joined today by ELIZABETH GOITEIN, former Dept. of Justice attorney, now co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice, to explain Section 702, the efforts to lobby against its reauthorization, and why it is that many Congressional Democrats are willing to join Republicans in granting the Trump Administration's NSA, DHS, FBI, DOJ, CIA, etc., extraordinary new powers to secretly spy on every American citizen's phone calls and emails without warrant, due diligence or even probable cause.

While the legislation was "driven primarily by Republican leadership," she says, there were "enough Tea Party style Republicans who have really rallied in support of greater privacy protections" that some marginal reforms were added. Though, she explains, they aren't really reforms at all, and the entire dangerous package could not have moved forward had Dems stuck together in opposition.

"It's a failure of Democratic leadership," Goitein tells me. "At the last minute, [Senate Minority Leader] Chuck Schumer said he would vote no on cloture [to end the filibuster] --- but he hedged that and said, 'Amendments should be in order and we should have the chance to look at amendments, but the bill itself is not that bad, it makes improvements to the law'. Which is not true. It actually takes the law backwards. Minority Leader Pelosi in the House did even more damage...coming out in support of the bill and opposing the amendment that would have made these improvement. And then a whole bunch of Democrats went along with her."

Goitein argues "there was a full court press by intelligence officials" to pass this measure. So, even Trump's cluelessness about it was unable to prevent it from moving forward, even as it allows for the emails of two American citizens speaking to each other --- with no foreign target in the mix --- to be indexed, searched and read by the FBI without an order from any court. She explains the horrible details in depth on today's show, and why it has been so difficult to challenge this provision in a court of law.

Finally, nearly every member of the bipartisan National Park Service Advisory Board has resigned en masse this week, citing the Interior Department and its Secretary Ryan Zinke's failure to hold any meetings with the board, as required by law, during the entire first year of Trump's Presidency. The Administration's response to the mass resignation today is almost as disturbing, if not more so, than the resignation itself.

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On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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On today's BradCast: Buckle up, and maybe take a few pre-emptive antibiotics just for safety. [Audio link to show follows below.]

We begin with a few responses to the racist President of the United States Donald Trump's reported description of Haiti, El Salvador and Africa nations as "shithole countries". As a measure of just how appalling the comments were, we actually declare George W. Bush no longer the "Worst President Ever", before turning to outraged responses from right-wingers Glenn Beck and Frank Luntz, of all people, to help underscore both how offensive and, frankly, inaccurate Trump's comments were.

But, as several have noted, while Trump's remarks are disturbing, the fact that his racism is embodied within his policies --- on immigration, policing, and much more, including voting and elections --- is far more troubling. That racism and dishonesty was on display in the sham Presidential Commission created by Trump, supposedly to root out the millions of illegal votes he falsely claims were cast against him when he lost the popular vote by millions to Hillary Clinton in 2016.

But his bogus Commission, headed up by disgraced GOP "voter fraud" fraudster and Kansas Secretary of State Kris Kobach, was abruptly shut down last week after facing an onslaught of legal challenges and finding none of the supposed voter fraud they had set out to highlight. After the Commission's ignominious closure, Kobach claimed he would be advising the Dept. of Homeland Security who, he said, would be taking the Commission's data and preliminary findings to continue the investigation. While worrying a number of voting rights advocates, those claims too have so far proven to be false, according to statements from DHS and legal documents filed by the DoJ in response to lawsuits.

Meanwhile, Trump's poisonous racism and failed Presidency is having ripple effects across the globe, and not just with those nations he is said to have described as "shitholes". The U.N. and the Vatican have now condemned his remarks, he has been forced to cancel a planned trip to Great Britain (which, naturally, he has lied about) and, following the recent resignation of the U.S. Ambassador to Panama who says he can no longer justify serving under this Administration, Trump's newly appointed Ambassador to the Netherlands, Pete Hoekstra, has been mercilessly called out by the Dutch in recent days for multiple lies.

Hoekstra, a former Republican Congressman from Michigan and immigrant from the Netherlands, had recently denied having made wholly discredited racist charges, in 2015, claiming Muslim immigrants were burning Dutch politicians to death and creating so-called "no-go zones" in the Netherlands. After he charged a Dutch journalist with reporting "fake news" for asking him about his fully-documented and video-taped false claims (and then claiming in the same interview he hadn't charged the journalist with reporting "fake news") the new Ambassador's first press conference this week in The Hague did not go well, to say the least. On Friday, Hoekstra was finally forced to admit his 2015 comments were wrong, though his shame appears to not yet be over.

All of which underscores that while Donald Trump may be the highest profile symptom of a very sick Republican Party, he is but a small part of a very widely spread disease that has poisoned his party and has made America anything but "great again" in the eyes of the world...

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On today's BradCast: Who's actually running this disastrous Administration? And why don't they give a damn about terrorism when it's at the hands of white, domestic, neo-Nazis? That question may answer itself. But what's the excuse for Congress and media? [Audio link to full show at end of article.]

First up, today in the U.S. House, Republicans, with the help of a number of Democrats, voted to approve the re-authorization of a sweeping surveillance law --- Section 702 of the FISA Amendments Act --- that results in the phone calls and emails of millions of Americans being scooped up for review without cause or court warrant. Civil libertarians on both the Right and Left have been hoping, for years, to end or radically limit the dragnet measure which they say violates Constitutional rights to privacy and against unwarranted search and seizure.

Though the White House has been lobbying for this re-authorization, which must still be approved in the U.S. Senate, a tweet this morning by Donald Trump, while watching Fox "News", harshly criticized the measure. Following that tweet, two hours later, after a call from House Speaker Paul Ryan (R-WI) and chaos in the House GOP caucus in response to the tweet, the President took to Twitter again, this time in support of the measure, which he clearly knows nothing about.

Only his later description of Haiti and African nations as "shithole countries", as reportedly uttered during bi-partisan immigration negotiations today with lawmakers, moved the nation's media on to the next Trump embarrassment of the day.

In the meantime, as Trump and Congressional Republicans pretend to be concerned about terrorism and putting "America first", a major terrorism case brought by the Dept. of Justice just before Christmas has gone almost entirely unnoticed by the media, after the DoJ itself failed to even issue a statement on the recent arrest. Why? The obvious reason is that it involves a white supremacist neo-Nazi from Missouri (as opposed to someone with a middle-eastern sounding name) who had amassed an arsenal of deadly weapons in hopes of allegedly "killing black people". But there are several other reasons why the case has largely failed to become much more than a blip on the corporate media and cable news radar, much less be mentioned by either the DoJ or tweeted about by Donald Trump.

We're joined by HuffPost's senior justice reporterRYAN REILLY to discuss the matter today. Reilly has been investigating the disturbing lack of coverage of a case which includes an Amtrak train stopped by the accused 26-year old right-winger, Taylor Michael Wilson, in the dead of night in the middle of rural Nebraska several months ago, before he was arrested, then released on bail for several weeks, before finally being charged on a number of federal terrorism counts before Christmas.

"When I didn't see the story pop up until Friday, I was like wait, how did I miss this? What's going on? Federal prosecutors are charging a white supremacist with terrorism?," Reilly says, explaining why the case in which Wilson was originally charged with "criminal mischief" went unnoticed by media and unreported by law enforcement officials, who are usually eager to get publicity for terrorism cases.

"The broader issue is that it's a demonstration, an illustration of exactly how differently the Justice Department apparatus, and the national security apparatus of the US Government, treats domestic terrorism in comparison to anything that remotely has a sniff of anything related to Islamic terrorism," Reilly tells me. The reasons, for that, above and beyond strictly racism (which is certainly a large part of this), may be more complicated than you think, both statutorily and Constitutionally. None of those reasons, as we also discuss, necessarily excuse the media's apparent lack of interest in such cases, despite the fact that domestic terror remains a far greater threat to Americans than the threat posed by those claiming an association with international terror groups.

Finally today, Desi Doyen joins us for the latest Green News Report on the tragic climate disaster unfolding in Southern California which has, so far, taken 17 lives in the past several days; the Trump Administration's about-face on its recently announced expansion of off-shore drilling (but only for one politically important state); and an important lawsuit filed this week by New York City, along with the promise of divestiture, against major oil companies. The suit could prove to be a serious blow against the fossil fuel industry, and is said to have been filed in response to billions of dollars in climate change-related damages after years of those companies hiding their own scientific knowledge of climate change from the public...

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We're back on today's BradCast after a brief New Year holiday break! But it wasn't entirely a break, as Alabama's Secretary of State John Merrill decided to launch a bizarre Twitter exchange with me over the holiday weekend. [Audio link to show follows below.]

The conversation included the state's chief election official repeatedly (and inaccurately) insisting that Alabama's paper ballot computer scanners do not "capture" scanned ballot images that can be retained by the system for review by the public after an election. He is wrong, as I politely noted during the conversation.

In fact, Merrill almost certainly knows he is wrong, since he actually went to the State Supreme Court to block an order by a lower court, issued the day before the December 12th U.S. Senate Special election between Democrat Doug Jones and Republican Roy Moore, to instruct all county election officials to set their computer scanners to retain all captured ballot images! [We discussed that multi-partisan lawsuit with one of the organizers, John Brakey, before it was filed, and again with one of the plaintiff attorneys, Chris Sautter, after the order was blocked by the state Supreme Court, allowing counties to destroy their captured ballot images.]

Nonetheless, after I questioned Merrill about the inaccurate information he was offering to the public, he decided to block me on Twitter, rather than admit that he had misinformed the public. Here's a PDF that reconstructs as much of the conversation as I could, given that I'm now blocked by him, so can't easily see his Tweets. Moreover, he also deleted a number of his own Tweets after he blocked me, and he repeatedly broke the conversation thread throughout. So, that PDF reconstruction will have to suffice for now to give you an idea of what at least one Twitter user accurately described as a "bonkers" exchange!

It wasn't the first time Merrill would block journalists, election law experts, or even his own constituent voters on social media after someone dared to suggest that he was wrong about AL election procedures. We're joined today by JOSHUA A. DOUGLAS, professor of election and constitutional law at the University of Kentucky College of Law. He, too --- like me, and like UC Irvine election law professor Rick Hasen --- was blocked on Twitter by Alabama's Republican Sec. of State after asking a question, in November, about the state's election code.

"I said, it's not about lying, it's about asking questions of a public official running their elections, and the next thing I knew, I was blocked myself. So, kind of ironically, Merrill blocked me for questioning whether he should be allowed to block others on Twitter who were trying to interact with him about the election," Douglas explains. He wrote about the incident and why it matters at AL.com.

We discuss all of this bizarre behavior, and whether or not it's a violation of the Constitution when folks like Merrill and, yes, the President of the United States, block citizens from being able to read their social media comments. All of which makes what we do --- as journalists, legal professionals and, yes, voters --- more difficult and even Constitutionally problematic in a number of ways.

Also today: Despite Merrill's odd behavior before, during and after the election (Merrill supported Roy Moore), Doug Jones was sworn in to the U.S. Senate today after (apparently) defeating Moore to become the state's first Democratic U.S. Senator in some 25 years, narrowing the GOP majority to just 51 to 49. And, King of the Twitter Trolls, Donald Trump threatened nuclear war again with North Korean leader Kim Jong Un and social media had a huge laugh at Trump's comments about having a "much bigger" nuclear button than Kim. But is any of it --- including the threat of war between two nuclear-armed nations --- really all that funny?...

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On today's BradCast, one last battle over democracy before 2017 comes to a close, and an early look forward to the battles --- and, perhaps, "democracy's revenge" --- that lie ahead in 2018. [Audio link to show follows below.]

In his last minute bid to prevent final certification of the first Democrat to be elected to the U.S. Senate in more than two decades, Alabama's Republican candidate Roy Moore filed an 80-page lawsuit [PDF] late Wednesday night alleging massive "voter fraud" and other somewhat confusing irregularities are to blame for his December 12 Special Election loss to the Democratic candidate Doug Jones.

A state court judge quickly dismissed Moore's complaint on Thursday morning and Jones was certified shortly thereafter as having defeated him by nearly 22,000 votes out of some 1.3 million cast. Jones will fill the seat vacated by Alabama's former Republican Senator turned Donald Trump's U.S. Attorney General Jeff Sessions shortly after the new year.

We're joined today by long-time BRAD BLOG legal analystERNEST A. CANNING who largely dismisses the allegations detailed in Moore's suit. Though, as we discuss, the GOP may have themselves to blame for making it difficult, if not impossible, for federal candidates in Alabama (and elsewhere) to ensure the accuracy of computer-reported vote tallies, even when they are based, as in AL, on hand-marked paper ballots scanned by computer systems but never verified for accuracy by human beings.

Moore's complaint, Canning adds, is also deficient when it comes to presenting any actual hard evidence of fraud by voters. The controversial Republican cites statistical analyses focusing on high turnout in a number of African-American districts said to contrast with Exit Poll data, and the affidavit of one poll worker who claims she saw more out-of-state IDs than usual used by voters even though that's perfectly lawful under the state's strict Photo ID voting restriction. Beyond that, no hard evidence is offered by the complaint to prove that any illegal votes were cast in the election, much less thousands of them.

Then, we discuss two of Canning's recent articles at The BRAD BLOG, both looking forward towards what he describes as the possibility of "democracy's revenge" in 2018. In one, he details why every single Republican U.S. House member from California could be in jeopardy of losing their seat in the "deep blue" state next year. In the other, he lays out what he describes as "Revolutionary Strategies to End GOP Rule in 2018" across the nation.

The CA attorney and 2016 Senior Adviser to Veterans for Bernie also discusses the need for "political maturity" among both progressive and establishment Democrats alike, in order to effectively take on the GOP following the 2016 election of Trump and his compliant Republicans in Congress who, he argues, have since revealed their true nature of legislating only for the benefit of the rich at the expense of the poor and middle class.

Desi Doyen then joins us for our final Green News Report of 2017, rounding up both the good and horrific news over the past year, including, despite Trump's best efforts, a number of very hopeful signs for the environment as we head into 2018. And, finally, we close with one last punch in the face at the intolerable and seemingly endless 2017, from comedian Lewis Black.

Angie Coiro guest-hosts for us on tomorrow's BradCast, and Desi and I will see you again after the New Year holiday! Until then, my thanks to those of you who have answered our call by stopping by BradBlog.com/Donate in support of our efforts to try and continue our work --- over your public airwaves --- as long as possible into the new year!

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast, the GOP has made an industry out of protecting their power and their Presidents, from Richard Nixon right up through Donald Trump. And neither the Democrats nor the corporate media seem to have figured out how to counter the Right's radical transformation of the American political landscape over the past 40+ years. [Audio link to full show is posted below.]

But first today, a bit of voting and election news: A federal judge on Friday, just before the Christmas holiday, found in favor of Maine's Democratic Sec. of State Matt Dunlap after he was forced to sue Donald Trump's so-called "Election Integrity" Commission headed up by Vice President Mike Pence and Kansas' Republican Sec. of State --- and infamous GOP "voter fraud" fraudster --- Kris Kobach. Dunlap had sued because, even though he is on the Commission itself, Kobach and the other rightwing fraudsters on it had been withholding documents and keeping Dunlap completely out of the decision making process. While that was a loss for the Government, a separate lawsuit against the Commission, filed by the Electronic Privacy Information Center (EPIC), was rejected by a federal Appeals Court on Tuesday, on the basis that the group did not have standing to sue.

Also today, an update on the November 7th, 94th District Virginia House of Delegates race where Democrat Shelly Simonds appeared to have unseated Republican David Yancey by one single vote, until one of the Republican election official judges decided, the day after a "recount" was completed last week, that a previously discarded over-vote ballot [JPG] was actually a vote for the Republican after all. A three-judge court panel of GOP-appointed judges agreed, which meant the race was tied and the winner would be determined --- along with the balance of control of the Virginia House, which had been controlled by the GOP for decades --- by a random draw. That draw, scheduled for Wednesday, was postponed late on Tuesday by the state's Election Commission at Simonds request, while she challenges the three-judge panel's ruling in court.

Then, with the calls intensifying from the Fox "News" rightwing for Trump to fire Special Counsel Robert Mueller, are Democrats doing enough to counter the Constitutional Crisis that would likely ensue if he did so? For that matter, how have we arrived at a moment in American history when an investigation by a Republican Special Prosecutor into the firing of a Republican FBI Director by a Republican President can be considered a partisan Democratic witch hunt?!

JON SCHWARZof The Intercept joins us to discuss the historical chain of events, connecting the dots of lawless GOP Presidential administrations from (at least) Richard Nixon up through Donald Trump, to illustrate exactly how we got here. In his recent historical essay, he details a fairly direct line of actions taken by the right during and after Nixon, right up through the present, that has largely prevented real accountability for lawless Republican Presidents, while both the Democrats and the corporate media have continued to pull their punches for various reasons.

"The history of Watergate has been completely rewritten in the past 45 years," Schwarz explains. "The reality is that it just barely succeeded. All of the investigations, all of the obvious, blatant wrongdoing by Nixon was just barely enough to get him out of office. Under other circumstances --- if the Republicans had controlled Congress, if they'd had Fox News then, if they'd had decades of appointing people to the courts --- it's very likely that Nixon would have stayed in office, and people would remember it as just a minor blip."

As is, he tells me, Nixon still escaped accountability for the worst of his crimes including collusion with a foreign power which resulted in the deaths of thousands of Americans, and an untold number of others in Indochina. "It's kind of shocking how this has been completely kept out of history."

Nonetheless, during his administration, a young Nixon staffer by the name of Roger Ailes came up with "A Plan for Putting the GOP on TV News," which would eventually become Fox "News", while a separate if related scheme by a future Supreme Court Justice that became known as the "Powell Memo", helped to restructure the federal judiciary and paved the way for the corporate takeover of our electoral and political system. "It describes exactly what has happened for the last forty, forty-five years," Schwarz notes. "They laid out a plan and they executed it, and it worked."

And now, we live in a world where only Republicans allowed to be appointed to investigate Presidents, whether they are Republicans or Democrats, and only Republicans have ever been appointed as FBI Directors, even by Democratic Presidents. And, despite that, we now hear the ever-increasing drumbeat charging that Mueller's investigation is a "partisan Democratic witch hunt", leaving Dems fighting among themselves as to whether they should push for impeachment, and the media pulling punches when reporting on GOP Administrations.

"If Hillary Clinton were President and had done the things that Donald Trump has done," Schwarz argues, "everyone knows she would have already been impeached 97 times."

Finally, we close today with some related listener e-mail, a few more thoughts on the Powell Memo, and a few words of thanks to those of you who have stopped by BradBlog.com/Donate to help us try and continue BradCasting into the new year...

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast: We're back at work between the holidays, even as the President only pretends to be. But maybe that's a good thing. For everyone. [Audio link to today's show is posted below.]

(Also, my thanks once again to Angie Coiro of In Deep Radio for filling in for us on Friday! Her must-listen exclusive interview with former Vice President Al Gore is right here!)

Over the weekend before Christmas there were several noteworthy federal court rulings against the Trump Administration. Among them, one blocked a plan by Trump's Housing and Urban Development (HUD) agency to overturn an Obama Administration rule meant to help low-income Americans obtain affordable housing as of January 1, 2018. The judge ruled Trump's HUD overturned Obama's new rule arbitrarily, with no supportable reason for doing so, which is unlawful. Another federal court over the holiday weekend partially lifted parts of Trump's third attempt at banning travelers and refugees from several Muslim-majority countries. The Administration claimed they were doing so for national security purposes. The judge determined that national security was actually threatened by the ban itself.

Then, in related-ish matters, we're joined by the great HEATHER DIGBY PARTONof Salon and Digby's Hullabaloo to discuss many aspects of the Trump Administration and the GOP's long "War on Truth".

As the President pretended, on Tuesday, to be "back to work" --- before playing another round of golf on his 85th day of staying at one of his own branded properties during his Presidency --- we discuss a number of the ongoing hoaxes played by him and fellow Republicans on the American people, beginning with the absurd, Fox "News"-created "War on Christmas".

"I can't even believe I have to say this," Parton tells me with no small amount of exasperation, but "how far have we come that we are actually at a point that we have to prove that there was no 'War on Christmas'?" Good question, since it seems a non-trivial number of Trump supporters actually believe there was/is such a war. That said, as she further observes, it's become very difficult to know who really believes what anymore and who is playing whom at the end of a remarkably "disorienting" (to say the least) first year of Trump's Presidency.

"If you go over to Fox News, or you look at any of the rightwing media, or talk radio, of course, it's no longer that we're just arguing over stuff," she says, "they're in a completely different dimension than we are. The arguments they are having are not arguments that are taking place in our world. They're not arguing with real people. We're not existing on the same level of reality."

While the "War on Christmas" is a pretend reality, the "War for Truth," on the other hand, is "definitely raging," she argues. Among the many truths and frauds we seek to highlight during our conversation today: we discuss the GOP tax bill and whether voters will be moved by it to vote Republican in 2018 as the GOP seems to think; whether media (and Democrats) will stop falling for the mostly phony "economic concerns" of many Trump voters ("It was not based on economics, it was based on resentment," she argues); whether Democrats should or will take the bait being offered by Republican Senate Majority Leader Mitch McConnell to work across the aisle next year as both he and Trump now claim to want after a year of shutting Dems out of the Congressional process entirely; whether Truth Warrior Al Franken should have resigned from the U.S. Senate amid sexual misconduct claims; and what "Digby" finds herself most surprised by as Trump wraps up his intolerably long first year in office...

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On today's BradCast, I’m happy to sit in for Brad again with a holiday offering and a former Vice President of the United States. [Audio link posted below.]

As the latest blob of crap --- the new tax law --- floats out of Congress and the White House, how about a change of pace: a little hope? Not fairy-tale and pixie-dust hope, but realistic ideas for tackling former VICE PRESIDENT AL GORE tells me is the biggest challenge ever to face the human race: global warming, aka climate change.

It seems the right note to strike here on The BradCast as well, when everything is pretty damned bleak. Gore is a walking lesson in how to realistically assess our situation, then push forward with what can be changed. As he says, change can take longer than you expect, then suddenly come faster (and better) than you hoped.

Special thanks to the Kepler's Literary Foundation in Menlo Park, California, who co-produced the original event, and to Brad for his enthusiasm in bringing you highlights of it on The BradCast...

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On today's BradCast: He's a mean one. But you already knew that. So, we'll try not to let him ruin Christmas, at least if we can help it. [Audio link to today's show follows below.]

As Christmas nears, why not become even more of a pariah to the rest of the world by literally threatening friends and foes alike at the United Nations over Trump's unpopular plan to move the U.S. Embassy in Israel from Tel Aviv to the divided city of Jerusalem? That's what UN Ambassador Nikki Haley did on Thursday, and it wasn't taken kindly --- by friend or foe. She also repeatedly lied about support from Americans for the dangerous scheme. (They're strongly against it, including a plurality of American Jews, though Trump and the GOP's big donors are in favor of it.) The move is just the latest by this Administration to cause U.S. standing in the world to plummet even further since taking office. So much for making American "great again".

But, there is some good news today for Americans who favor health care, as the Administration is forced to admit that sign-ups for the Affordable Care Act ("Obamacare") this year were nearly as high as they were under President Obama last year, despite the Trump Administration defunding advertisement and assistance for the Open Enrollment period, cutting its length in half, and Trump's repeated lies that is Obamacare is "dead", "gone", "imploding", etc. In the bargain, as many Americans now favor government-run healthcare as those who prefer a private healthcare system. That, after Americans had previously preferred a private insurance system by nearly 30 points in the same poll back in 2010, before Obamacare was initially enacted.

And more good news before the holidays: another completely unqualified nominee for a lifetime appointment to the federal bench has withdrawn, though the GOP is still jamming similarly unqualified nominees through the Senate confirmation process at a record pace.

Next, Desi Doyen joins us for another busy Green News Report with some discouraging news, with the passage of the GOP tax bill, for the pristine Alaska National Wildlife Refuge (ANWR) and for victims of our quickly increasing climate-fueled natural disasters, but also some encouraging news elsewhere in the world.

And, finally, since it's Desi and my last show before Christmas --- (Though not the last BradCast before Christmas! Angie Coiro sits in for tomorrow's show with her exclusive interview with AL GORE!) --- it seems only fitting today to end today with a dramatic holiday reading of How the Trump Stole America.

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast: An all too remarkable reminder that every vote --- every single vote --- matters. Or should, with control of the Virginia's House of Delegates and, potentially, healthcare for hundreds of thousands now at stake amid a remarkable "recount" in the state. Also, now that the massive GOP tax bill has been passed, are Democrats still relying too much on potential findings of the Special Counsel and the possibility of impeachment in 2018? [Audio link to today's show follows below.]

Just after our show yesterday, the Commonwealth of Virginia completed a partial-machine, partial-hand "recount" of one of last month's House of Delegates races that, by one single vote, appeared last night to hand the victory to the Democratic candidate Shelly Simonds. One single vote. If Democrats pick up that seat, it would, in turn, end decades of Republican-majority control of the House, with a 50/50 seat split among Ds and Rs. Before the November 7 election, Republicans held a 66-34 seat advantage.

It appeared, as of last night, to be a done deal, with the Dem having been declared the winner after the "recount" by one vote on the state's hand-marked paper ballots and the Republicans having conceded the race. (Virginia finally got rid of all of its 100% unverifiable touch-screen systems this after.) The bi-partisan election official judges signed off on Tuesday's new tally, handing the victory to Simonds over Republican David Yancey who had led by just 10 votes prior to the "recount".

But on Wednesday morning, a GOP election official judge had second thoughts about one ballot which, previously, the judges had unanimously determined to be an overvote --- with a selection in the bubbles for both the Democrat Simonds and for the incumbent Republican Yancey. The Simonds bubble, however, appears to have a slash through it. The rest of the selections on the ballot were for Republicans, though the choice for the Republican candidate for Governor also appears to have a cross through it, with no other candidate selected by the voter in that race. (The full ballot in question can be viewed here [JPG].)

So, after a two hour court hearing on Wednesday, it was decided by a three-judge panel that the race was/is a tie instead, with 11,608 votes for each candidate. That means control of the VA House --- and the increased possibility of health care coverage via Medicaid expansion for nearly half a million Virginians --- will be left up to a random draw to see who wins the seat.

There are, of course, still many questions about this story, which was still breaking as we went to air today. The "losing" candidate after the random draw will also be able to ask for a second "recount". We discuss all of those questions, the ballot, the "recount" methods used in the state, the state's published guidelines [PDF] for counting various types of questionably hand-marked paper ballots in VA, and much more related to this remarkable episode, including whether digitally scanned "Ballot Images" from Election Night may exist to determine whether the cross-out on the ballot in question was there originally or added somehow during the post-Election Night chain of custody. (The city of Newport News, where this election in the 94th District was held, does appear to have the type of computer-scanners that create digital ballot images, though I've yet to hear back from the Registrar if those systems were set to retain the images after scanning them.)

It should also be noted here that Democrats received some 53% of the vote, compared to just 43% for Republicans across the state when the entire House was up for grabs in November. Nonetheless, as things currently stand, Democrats may only achieve a 50/50 split in the House. That should offer an idea of how badly the Republicans have gerrymandered the state.

Also, a separate recount for a separate very close VA House of Delegates race is still pending, though Democrats there are suing for a completely new election, since at least 100 voters were given the wrong ballot in a race currently decided for the Republican incumbent --- before the "recount" --- by just 82 votes.

Then, we're joined today by JEET HEER, Senior Editor at New Republic to discuss the final passage of the GOP's massive tax cuts, largely for the wealthy, how Democrats are responding to them, and whether or not they are over-relying on the possibility of impeachment to take down President Trump as they head into the 2018 mid-term election year. Heer argued as much in a recent article discussing "the Democrats' dangerous obsession with impeachment". It's a highly debatable subject, about which I am of at least two minds, as discussed in detail with Heer on today's show.

Finally, we close with Bernie Sanders' late-night response to the passage of the $1.5 trillion tax bill in the middle of the night on Tuesday night/Wednesday morning in the U.S. Senate, and how the GOP is now planning to come for Medicare, Medicaid and Social Security in order to pay for it...

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On today's BradCast: Is it time for Dems to run on soaking the rich? If the GOP's tax legislation doesn't reveal Republicans' own continuing class warfare against the poor and middle-class, nothing will. But will Democrats be smart enough to take advantage of it? [Audio link to show follows below.]

On Tuesday, House Republicans passed what they thought would be the final version of their massive tax legislation to transfer hundreds of billions, if not trillions of dollars from the poor and middle class to the wealthy and corporations already raking in record profits. A parliamentary issue in the Senate, however, may require the House to vote on the measure once again on Wednesday. But, either way, the bill now looks as if the temporary tax cuts for individuals and massive permanent cuts for corporations will clear both chambers and head to Donald Trump's desk for signing before Christmas.

So, what happened to all of those Tea Party folks who, back in 2010, under a Democratic President, pretended to be demanding fiscal discipline and an end to deficit spending in Congress? All of those dupes, patsies, chumps and suckers --- not to mention the GOPers who scammed them about it all in the first place --- now seem to be cool with adding $1.5 trillion to the national debt via the GOP tax bill. In Congress, Republicans are now giddy about their hopes of dealing with that debt by cutting social programs, like health care to people who need it, including Medicare, Medicaid and Social Security, to help pay for their massive tax cuts to the wealthy and for huge increases in spending for the U.S. war-making machine.

Piston explains how tactics are used by the GOP to confuse the public (which are then echoed by the media) and, when all else fails and such measures are still wildly unpopular --- as with the current GOP tax cuts --- they go ahead and vote for it anyway. It's time, he argues, for Democrats to stop shying away from leveraging resentment of the rich in their politics. And he has the data to prove it.

"There's a common assumption out there that, in a democratic political system, the desires of the public should guide public policy," he tells me. "And in some cases that's certainly true. But, in many cases, the opinions of the public have very little to do with the policy outcomes that actually occur. This [GOP tax plan] is no exception. Americans have desired higher taxes on the rich for decades. And yet, fairly consistently, albeit with some notable exceptions, taxes on the rich over the past few decades have plummeted."

"The reason that this happens is policy makers who don't want to do what majorities of the public want, follow a playbook of confuse, distract, and ignore." Piston explains how it works and what it means --- or should --- for Democrats as they move into the 2018 mid-term election year and look to 2020 beyond it. "There is certainly a benefit to running against the rich, which is that it's easier to get the public on your side," he explains, before cautioning, "But it's not as easy to get donors on your side."

Finally, we're joined by Desi Doyen with the latest Green News Report on the cause of the Atlanta airport blackout, the massive, still-out-of-control winter wildfires in Southern California, Trump's ridiculous new declaration that climate change is no longer a national security threat, and an update on the deadly Amtrak train derailment near Seattle, which could have been avoided...with proper funding from Congress...

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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On today's BradCast, a spoonful or two of sugar where we can find it, along with much too much bitter medicine. [Audio link to show follows below.]

Among the stories covered on today's jam-packed 'BradCast'...

First up: The massively unpopular Republican tax scam lurches toward the finish line after the last of the pretend GOP hold-outs in the U.S. Senate now seem to be on board. They all know it's a scam, of course, one that will not, as they pretend, "pay for itself". And most predict the tax bill will gravely hurt the GOP's chances of holding on to the U.S. House in 2018. But they don't seem to care for some reason Moreover, they are openly admitting publicly that they are coming for cuts to Social Security, Medicare and Medicaid almost as soon as the largest redistribution of wealth from the poor and middle class to corporations and the wealthy in the history of the nation is completed before Christmas.

Then: Earlier in the week, Trump's beleaguered Sec. of State Rex Tillerson had announced that the U.S. was ready to meet with the North Koreans for peace talks without preconditions. By week's end, however, that hopeful message of potential peace took a drastic u-turn, as Tillerson appears to have reversed course at the last minute during his remarks at the U.N. on Friday.

Meanwhile, even though they have, up until now, failed to enact any major legislation to date, Trump and the Republicans have been wildly successful at ramming lifetime appointments of radical right-wing jurists to the federal bench through the U.S. Senate. Some of those appointees have been ridiculously unqualified, though at least one Senate Republican is beginning to put the brakes on those nominees. We share part of the astonishing Senate Judiciary Committee colloquy this week between Sen. John Kennedy (R-LA) and Mark Spencer Petersen, Trump's embarrassingly unqualified nominee for a lifetime post on the U.S. District Court for the District of Columbia.

Finally, we get to at least a spoonful of sugar with a musical tribute to the apparently failed U.S. Senate candidate Roy Moore of Alabama, plummeting approval ratings for the President, the Vice-President and the entire Republican Party, and the hilarious case of pretty much every member of the Trump family in D.C. successfully suppressing their own votes in last month's New York mayoral election.

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast: Disturbing news for Americans and free speech before Christmas, but great news for huge corporations enjoying record profits already. [Audio link to show follows below.]

First up, yet another media mega-merger is announced as Disney says they will purchase much of Rupert Murdoch's 21st Century Fox in a $52 billion dollar deal, even as Trump and the Congressional GOP push to give them all huge tax breaks --- at the expense of the poor and middle class. Republicans are hoping for final passage of their tax bill before Christmas and before presumptive Sen.-elect Doug Jones (D-AL) can be seated and further reduce the GOP's slim U.S. Senate majority.

On the upside today, one of Trump's wildly inappropriate industry shills nominated to the EPA has reportedly withdrawn, as have two wholly unqualified nominees for lifetime judgeship appointments to the federal bench.

Then, as expected on Thursday, Trump's Republican-led Federal Communications Commission (FCC), voted 3 to 2 along party lines to kill "Net Neutrality" rules for Internet Service Providers like AT&T, Verizon, Charter and Comcast. That, despite a letter from 18 state Attorneys General who asked the Commission to delay the vote until after a legitimate public comment period. The previous one, they charge, was manipulated by as many as 2,000,000 comments that New York's Attorney General Eric Schneiderman has found found to have been faked.

Nonetheless, right-wing FCC Commissioner and former Verizon attorney Ajit Pai did not delay the vote, and the Commission voted to kill the rules that had long prevented ISP's from blocking or slowing down certain websites or apps, or charging more for access to them. Longtime media reform activist SUE WILSON joins us today and describes the latest actions by the FCC as little more than a move toward the end of free speech on the Internet.

She argues that the move to kill Net Neutrality echoes the efforts to pass the Telecommunications Act of 1996, which was also sold by proponents at the time as a boon for competition and innovation that would result in more free speech over our public airwaves. Instead, the public radio waves have become the nearly exclusive domain of corporate right-wing political speech and propaganda in the 20 years since the measure was signed by President Bill Clinton.

"They made a lot of promises, when they consolidated radio, that we would end up with a much more diverse speech for everybody," Wilson explains. "Anybody who listens to radio knows that it's almost impossible to find a show like The BradCast on the air because it is now dominated by pro-Republican, conservative --- no, 'alt-right' --- speech, to the exclusion of all others. They flat-out lied to us, and guess what? That's what they're doing today."

"The claim that the Federal Communications Commission Republicans are making is that we need to give more money to broadband services so that they can invest in rural areas," says Wilson. "However, if you look at the Securities and Exchange [Commission] documents, which these corporations have to fill out --- under penalty of prosecution if they lie --- the six CEOs of publicly-traded broadband companies are telling their investors that the FCC's current Net Neutrality rules have not in any way impacted their investment strategies. Again, we're looking at the Federal Communications Commission, as headed by Ajit Pai, just making things up out of whole cloth."

Finally, Desi Doyen joins us for the latest Green News Report, with an update on the record and still-growing Southern California wildfires, more bad news about the Arctic, some good news for Tesla, and a worldwide embarrassment for the United States...

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!